Search Results for "Section 34(1)"

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Bombay High Court Addresses Section 11 Application for Appointment of Arbitrator; Validity of 20% Claim Cap Clause Under Scrutiny. The Court Examines Whether a Contractual Condition Limiting Arbitration to Claims Not Exceeding 20% of Contract Value Is Arbitrary and Discriminatory.

The dispute arose from a contract dated 7 May 2018 between a contractor and the Central Railways for the preparation of design and structural drawings...

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Bombay High Court Upholds Conviction for Kidnapping Under Section 363 IPC in Child Abduction Case. Court Confirms that Taking a Minor Without Consent of Guardian Constitutes Kidnapping, Rejecting Defense of Consent by Child's Mother.

The appellant, Salman Sufiyan Shaikh, was convicted by the Additional Sessions Judge, Borivali Division, Dindoshi, Mumbai, in Sessions Case No.138 of ...

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Bombay High Court Quashes Order of Discharge Granted to Accused Without Notice to Complainant; Remands for Fresh Hearing. Held That Complainant Is a 'Person Likely to be Prejudicially Affected' and Must Be Heard Under Section 401(2) Cr.P.C., Overruling Objection of Private Party Locus Standi.

The matter arose from a criminal revision application filed under Section 482 of the Code of Criminal Procedure, 1973 by the complainant, Smt. Kalyani...

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Supreme Court Quashes Externment Order Under Maharashtra Police Act, 1951 Due to Lack of Credible Evidence and Procedural Lapses. Externment Order Based on Acquitted Case and Confidential Statements Without Substantive Proof is Unsustainable Under Section 56(1)(a)(b) of Maharashtra Police Act, 1951.

The dispute arose from an externment order issued against the appellant under Section 56(1)(a)(b) of the Maharashtra Police Act, 1951, directing him t...

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Bombay High Court Dismisses Husband's Application for Perjury Proceedings Against Wife in Family Court Appeal. False statements in pleadings alone do not warrant prosecution under Section 340 Cr.P.C. without proof of intentional falsehood and necessity for prosecution.

The applicant, Dr. Santosh Chandrashekar Shetty (husband), filed a Civil Application under Section 340 of the Code of Criminal Procedure, 1973, seekin...

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Bombay High Court Hears Confirmation of Death Sentence and Appeal in Case of Murder and Attempted Murder Under IPC Sections 302, 307, 316. Conviction Based on Eyewitness Testimony of Wife and Brother-in-Law in Knife Attack at Public Place.

The High Court of Judicature at Bombay, Aurangabad Bench, jointly heard the Criminal Confirmation Case No. 02 of 2020 and Criminal Appeal No. 398 of 2...